Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Professor of Law, University of Florida Levin College of Law
Professor Willis joined the UF Law Faculty in 1981, having taught previously in the New York University Graduate Tax Program. He teaches tax courses in both the J.D. and the Graduate Tax Programs plus Family Law Economics and Accounting and Finance for Lawyers. In the fall of 2013, Professor Willis took a sabbatical from teaching in order to lend his expertise in tax law to Hobby Lobby Stores in its religious liberty fight against the PPACA. To this end, he authored the lead article in volume 65 of the South Carolina Law Review titled: Corporations, Taxes, and Religion: The Hobby Lobby and Conestoga Contraceptive Cases. He is also the lead author for the amicus curiae brief on behalf of Freedom X in support of Hobby Lobby and Conestoga.
Professor Willis is licensed to practice law in Florida, a member of the Louisiana Bar, and a CPA (inactive) in Louisiana. He is a faculty advisor for numerous student groups such as the Christian Legal Society and the Law College Republicans. He has also honorably served as the faculty advisor for the student chapter of the UF Federalist Society since its inception.
Professor of Law, Case Western Reserve University School of Law
Professor Dent taught law at New York University, Cardozo, and the New York Law School before joining the faculty in 1990. Earlier he had clerked for Judge Paul R. Hays of the U.S. Court of Appeals, Second Circuit, and practiced corporate law in New York with Debevoise, Plimpton, Lyons & Gates. He teaches Business Associations, Mergers and Acquisitions, and Business Planning and is the faculty supervisor for the Business Organizations Concentration. He has published many articles on corporate and securities law, including “Academics in Wonderland: The Team Production and Director Primacy Models of Corporate Governance,” Houston Law Review (2008); “Corporate Governance: Still Broke, No Fix in Sight,” Journal of Corporation Law (2005); “Lawyers and Trust in Business Alliances,” Business Lawyer (2002); and “Gap Fillers and Fiduciary Duties in Strategic Alliances,” The Business Lawyer (2001). He also writes on law and religion, as in “Civil Rights for Whom: Gay Rights Versus Religious Freedom,” University of Kentucky Law Journal (2006-07); and “How Does Same-Sex Marriage Threaten You?,” Rutgers Law Review (2007). Mr. Dent serves as a director of the National Association of Scholars and as president of the Ohio Association of Scholars. He serves as an officer of Cleveland Chapter of the Federalist Society. He heads the Law Section of the Association for the Study of Free Institutions. He is chairman of the Ohio State Advisory Committee to the U.S. Commission on Civil Rights.
Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Mr. Mirengoff is a retired attorney in Washington, D.C. and is a blogger at powerlineblog.com.
President, JCN
Carrie Campbell Severino is the president of the JCN, and co-author with Mollie Hemingway of the bestselling book Justice on Trial: The Kavanaugh Confirmation and the Future of the Court. As a go-to expert on the confirmation process, Mrs. Severino has been extensively quoted in the media. She regularly appears on television, including FOX, CNN, MSNBC, C-SPAN, and ABC’s This Week.
Severino writes and speaks on a wide range of judicial issues, including the constitutional limits on government, the federal nomination process, and state judicial selection. She has testified before Congress on constitutional questions and briefed Senators on judicial nominations, and regularly files briefs in high-profile Supreme Court cases. She was a law clerk to Supreme Court Justice Clarence Thomas and to Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit, and is a graduate of Harvard Law School (J.D.), Duke University (B.A., Biology), and Michigan State University (M.A., Linguistics).
Professor of Law, UCLA School of Law
Paul J. Schierl Professor of Law, University of Notre Dame Law School
Professor Richard W. Garnett teaches and writes in the areas of constitutional law, criminal law, the First Amendment, and law and religion. He is a leading authority on questions and debates regarding religious freedom and church-state relations, and is the founding director of Notre Dame Law School’s Program on Church, State, and Society.
Garnett clerked for the late Chief Justice of the United States, William H. Rehnquist, and also for the late Chief Judge of the United States Court of Appeals for the Eighth Circuit, Richard S. Arnold. He earned his J.D. from Yale Law School in 1995 and his B.A., summa cum laude, from Duke University in 1990. He joined the faculty in 1999 after practicing law in Washington, D.C. with Miller, Cassidy, Larroca & Lewin.
Professor of Law and Jamie L. Whitten Chair in Law and Government, University of Mississippi School of Law
Christopher Green (https://law.olemiss.edu/faculty-directory/christopher-green/) is Professor of Law and Jamie L. Whitten Chair in Law and Government at the University of Mississippi, where he has taught since 2006. He is a graduate of Princeton University and Yale Law School, and has a PhD in philosophy from the University of Notre Dame. He clerked for Judge Rhesa H. Barksdale on the Fifth Circuit and is the author of Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause (2015) and a large number of articles and essays on constitutional theory and the Fourteenth Amendment, including the two-part Original Sense of the (Equal) Protection Clause and Clarity and Reasonable Doubt in Early State-Constitutional Judicial Review. He is an affiliated scholar with the University of San Diego Center for the Study of Constitutional Originalism.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Clayton J. and Henry R. Barber Professor of Law, Northwestern University Pritzker School of Law and Co-Chairman, Board of Directors, The Federalist Society
STEVEN GOW CALABRESI is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law. He has also co-taught in the Fall semester at Yale Law School from 2013 to the present. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and Gary Lawson are the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Professor of Law, Marquette Univeristy Law School
J. Gordon Hylton joined the Marquette Law School faculty in 1995 after teaching at IIT Chicago-Kent and Washington University. He is a native of Giles County, Virginia, and a graduate of Giles High School. He holds a degree in History and English from Oberlin College; a J.D. and an M.A. in History from the University of Virginia; and a PhD in the History of American Civilization from Harvard University. Following law school, he clerked for Justice Albertis S. Harrison and Chief Justice Lawrence I'Anson of the Virginia Supreme Court and worked for the Massachusetts Commission Against Discrimination.
In addition to teaching at the law school, Professor Hylton also teaches a junior seminar on American Constitutional History in the Marquette undergraduate Honors Program. From 1997 to 2001, he taught courses in legal and constitutional history and the history of sport in the Marquette History Department. He has also been a visiting professor at Washington University, Washington & Lee University, and the University of Virginia. In the Fall of 2000 he was a Fulbright Senior Lecturer in Law at Kyiv-Mohyla Academy in Kiev, Ukraine. From 2001 to 2003, he taught in the program in comparative and international law offered by Marquette and the University of Queensland.
Professor Hylton was the chair of the committee that created the current MULS Sports Law program, and from 1997 to 1999, he served as interim director of the National Sports Law Institute. He is currently a member of the NSLI Board of Advisers and a member of the Sports Lawyers Association.
His current research interests focus on the history of the legal profession, the history of civil rights, and the legal history of American sports. Beginning in 2009, he will be a visiting professor each fall semester at the University of Virginia where he is also affiliated with the Carter G. Woodson Institute for African-American and African Studies.
B.A., Oberlin College; M.A. & J.D., University of Virginia; PhD, Harvard
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
E. Claiborne Robins Distinguished Chair in Law, University of Richmond School of Law
Professor Kurt Lash teaches and writes about constitutional law. Founder and director of the Richmond Program on the American Constitution, Professor Lash has published widely on the subjects of constitutional law and constitutional history, including The Fourteenth Amendment and the Privileges or Immunities of American Citizenship (Cambridge University Press, 2014), The Lost History of the Ninth Amendment (Oxford University Press, 2009), and The American First Amendment in the Twenty-first Century: Cases and Materials(with William W. Van Alstyne) (5th ed., Foundation Press, 2014). An elected member of the American Law Institute, Professor Lash’s work has appeared in numerous legal journals including the Stanford Law Journal, Georgetown Law Journal, Virginia Law Review, andNotre Dame Law Review. He has been a visiting professor at Northwestern University School of Law and is the former director of the University of Illinois College of Law Program in Constitutional Theory, History, and Law.
A. W. Walker Centennial Chair in Law, University of Texas at Austin School of Law
Professor Graglia has written widely in constitutional law--especially on judicial review, constitutional interpretation, race discrimination, and affirmative action--and also teaches and writes in the area of antitrust. He is the author of Disaster by Decree: The Supreme Court Decisions on Race and the Schools (Cornell, 1976) and many articles, including recently "Church of the Lukumi Babalu Aye: Of Animal Sacrifice and Religious Persecution" (Georgetown Law Journal, 1996). He has been a Visiting Professor at the University of Virginia School of Law.
Sackett v. Environmental Protection Agency: Compliance Orders and the Right of Judicial Review
Damien Michael Schiff
The United States Supreme Court’s decision in Sackett v. Environmental Protection Agency1 promises to be important...
Does the Constitution Have Anything To Do with Constitutional Law?
AustinPennsylvania Supreme Court Vacates Trial Court's Denial of a Minor's Application to Obtain an Abortion
Steven J. Willis, Jordan E. Pratt
On December 22, 2011, in a case of first impression,1 the Pennsylvania Supreme Court vacated...
Perry v. Schwarzenegger: Is Traditional Marriage Unconstitutional?
George W. Dent
Note from the Editor: This article and the article in this issue by Mark Strasser...
McDonald v. City of Chicago - Post-Decision SCOTUScast
Steven G. Calabresi
On June 28, 2010, the Supreme Court announced its decision in McDonald v. City of...
Solicitor General Kagan’s Confirmation Hearing
Paul E. Mirengoff, Carrie Campbell Severino, Adam Winkler, Richard W. Garnett
UPDATED: 11 AM, July 8, 2010 On May 10, 2010 President Obama nominated Solicitor General Elena...
McDonald v. Chicago, the Meaning-Application Distinction, and "Of" in the Privileges or Immunities Clause
Christopher R. Green
In McDonald v. Chicago, the Supreme Court will consider whether the Second Amendment right of...
McDonald v. City of Chicago – Post-Argument Debate SCOTUScast
Clark Neily, Steven G. Calabresi, J. Gordon Hylton
On March 2, 2010, the Supreme Court heard oral argument in McDonald v. City of...
Constitutional Limits on Punitive Damages: An Evaluation of the Role of Economic Theory in Prescribing Constitutional Constraints on Punitive Damage Awards
Dorothy Henderson Shapiro
Over the last fifteen years, the Supreme Court has formulated new constitutional principles to constrain...
McDonald v. City of Chicago – Cert Granted SCOTUScast Debate
Nelson Lund, Clark Neily, Kurt T. Lash
On September 30, 2009, the Supreme Court granted certiorari in the case of McDonald v....